Docker v Adventist Healthcare Limited [2020] NSWSC 1737

Supreme Court New South Wales

Medium Neutral Citation: Docker v Adventist Healthcare Limited [2020] NSWSC 1737 Hearing dates: 14 October, 2 and 3 December 2020 Date of orders: 03 December 2020 Decision date: 03 December 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) I note that this matter has settled subject to approval, in accordance with the terms of a consent judgment dated 13 October 2020 and signed by the legal representatives of the parties. (2) I approve the settlement pursuant to s 76(4) of the Civil Procedure Act. (3) I make orders in accordance with paragraphs 1 to 6 inclusive of that consent judgment which for identification will initial, date with today's date and place with the papers. (4) I order in accordance with s 77(2) of the Civil Procedure Act that the judgment sum referred to in paragraph 1 of the consent judgment, less any authorised deductions for which the consent judgment specifically or by necessary implication provides, be paid into Court for payment out thereafter to the NSW Trustee & Guardian or as the Court may upon application made pursuant to s 77(3) of the Act otherwise direct. Catchwords: CIVIL PROCEDURE – approval – whether proposed settlement in the best interests of the plaintiff – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Principal judgment Parties: Pepita Docker (Plaintiff) Adventist Healthcare Ltd (Defendant) Dr Peter Puhl (First Cross-defendant) Dr Renato Barros (Second Cross-defendant) Representation: Counsel: F Austin (Plaintiff)